Ex Parte MCBRIDE - Page 9



          Appeal No. 2004-0040                                                        
          Application No. 09/273,820                                                  
          interpretations of Van Huben as being misplaced, and the examiner           
          is free to utilize multiple or the same systems teachings in a              
          reference for more than one claimed feature.  Essentially, we               
          agree with the examiner’s reliance upon the teachings identified            
          in the answer, which we have embellished upon slightly by our own           
          consideration of the teachings of the reference, to place the               
          artisan within possession of the subject matter of the claims               
          rejected within  35 U.S.C. § 102.  The examiner is free to be               
          persistent in reliance upon any given portion or portions of a              
          reference notwithstanding appellant’s arguments to the contrary.            
               In view of the foregoing, the decision of the examiner                 
          rejecting all claims on appeal 35 U.S.C. § 102 is affirmed.                 













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